DISl\USS and Opinion Filed September 20, 1999

In The <!tnurt nf Appeals lJiiffq !lisfri.cf nf Wexas at Ballas No. 05-97-00583-CV

DEE H. NORTON, JR., Appellant v. DANIEL C. SCOTT and HAROLD KAYE, Appellees

On Appeal from the 95th Judicial District court Dallas County, Texas Trial Court Cause No. 93-6322-D

OPINION PER CURIAM Before Chief Justice Thomas and Justices Po±r and Rosenberg 2 Before the Court is appellant and appellees' September 16, 1999 joint motion to dismiss appeal in which they state they (1) "have reached agreement to dismiss this appeal" and (2) "agree that the appellate costs should be charged to the party incurring same." Accordingly, we GRANT the joint motion and DISMISS this appeal. See TEX. R. A.PP. P. 42.l(a)(l).

Subject to any agreement of the parties, each party is ORDERED to bear its own appellate costs. After all costs have been paid, the obligations ofDee H. Norton, Jr., as principal, and Reva

The Honorable H. Bryan Poff, Jr., Former Justice, Court of Appeals, Seventh District of Texas at Amarillo, sitting by assignment.

The Honorable Barbara E. Rosenberg, Former Justice, Court of Appeals, Fifth District of Texas at Dallas, sitting by assignment.

L. Knight and Jon Sparling as sureties on appellant's cost bond, are discharged.

PER CURIAM

Do Not Publish TEX. R. APP. P. 47

-2- Qtnurt nf 1\pp:euls lJrtfth. ilhilri.ct nf ffi:exus ut ilullus .JUDGMENT DEE H. NORTON, JR., Appellant Appeal from the 95 1h Judicial District Court ofDallas County, Texas. (Tr.Ct.No. 93- No. 05-97-00583-CV V. 6322-D).

Opinion delivered per curiam before Chief DANIEL C. SCOTT and HAROLD KAYE, Justice Thomas and Justices Poff and Appellees Rosenberg.

Based on the Court's opinion ofthis date, the appeal is DISMISSED. It is ORDERED that each party bear its own appellate costs, subject to any agreement of the parties.

After all costs have been paid, the obligations of Dee H. Norton, Jr., as principal, and Reva L. Knight and Jon Sparling, as sureties on appellant's cost bond, are discharged.

L A THOMAS CHIEF ruSTICE